1234 ARTICLE 27

of Correction, the Baltimore City Jail, or from any jail or penal institu-
tion in any of the counties of this State, shall be murder in the first
degree.

Cited in Insurance Co. v. Prostic, 169 Md. 535.
See notes to sec. 475.

An. Code, 1924, sec. 401. 1912, sec. 366. 1904, sec. 333. 1888, sec. 214. 1809, ch. 138, sec. 3.

479. All other kinds of murder shall be deemed murder in the second
degree.

See notes to sec. 475.

An. Code, 1924, sec. 402. 1912, sec. 367. 1904, sec. 334. 1888, sec. 215. 1809, ch. 138, sec. 3.

480. And the jury before whom any person indicted for murder shall
be tried shall if they find such person guilty thereof ascertain in their
verdict whether it be murder in the first or second degree; but if such person
be convicted by confession, the court shall proceed, by examination of wit-
nesses, to determine the degree of the crime, and to give sentence accord-
ingly ; and every person liable to be prosecuted for petit treason shall in
future be indicted, proceeded against and punished as is directed in other
kinds of murder, according to the degree.

In a trial for murder, a verdict of "guilty" is insufficient, since the jury must deter-
mine in their verdict the degree of the crime. Where opinion of the trial court set
out in the record shows that the jury did not at any time find prisoner "guilty of murder
in the first degree," a judgment sentencing prisoner to be hanged may be reviewed,
although docket entries show a verdict in due form of "guilty of murder in the first
degree." In case of a mistrial, the indictment being good, prisoner may be tried anew on
same indictment: Ford v. State, 12 Md. 543. And see Williams v. State, 60 Md. 403.

Traverser is entitled as a matter of right to a poll of the jury, and may only be con-
victed upon concurrence of each juror. How a poll should be conducted. Williams v.
State, 60 Md. 403. And see Ford v. State, 12 Md. 543.

Cited but not construed in Price v. State, 159 Md. 498; Duker v. State, 162 Md. 547.

See notes to sec. 475.

An. Code, 1924, sec. 403. 1912, sec. 368. 1904, sec. 335. 1888, sec. 216. 1809, ch. 138, sec. 4.

1908, ch. 115. 1916, ch. 214.

481. Every person convicted of murder in the first degree, his or her
aiders, abettors and counsellors, shall suffer death, or undergo a confine-
ment in the penitentiary of the State for the period of their natural life, in
the discretion of the Court before whom such person may be tried; provided,
however, that the jury in a murder case who render a verdict of murder in
the first degree, may add thereto the words "without capital punishment,"
in which case the sentence of the court shall be imprisonment for life, and
in no case where a jury shall have rendered a verdict in manner and form
as hereinbefore prescribed, "without capital punishment," shall the court
in imposing the sentence, sentence the convicted party to pay the death

penalty.

Talesman with conscientious scruples against capital punishment properly excused on
challenge by state, even though jury might, upon verdict of murder in first degree, limit
punishment to life imprisonment, on the ground that his scruples would prevent him
from exercising discretion in making choice of punishment. Price v. State, 159 Md. 493.

Cited but not construed in Duker v. State, 162 Md. 547.

See notes to sec. 475.

An. Code, 1924, sec. 404. 1912, sec. 369. 1904, sec. 336. 1888, see. 217. 1809, ch. 138, sec. 4.

482. Every person convicted of the crime of murder in the second
degree, or as accessory thereto, shall be sentenced to the penitentiary for
not less than five nor more than eighteen years.
Cited but not construed in Price v. State, 159 Md. 498.
See notes to sec 475.